North Carolina § 53-178 - No further charges; no splitting contracts; certain contracts void.

§ 53-178. No further charges; no splitting contracts; certain contracts void.

No further or other charges or insurance commissions shall be directly or indirectly contracted for or received by any licensee, affiliate, parent, subsidiary, or licensee under the same ownership, management, or control, whether partial or complete, except those specifically authorized by this Article, by the Commissioner under G.S. 53-172 or any other statute. No licensee shall divide into separate parts any contract made for the purpose of or with the effect of obtaining interest or charges in excess of those authorized by this Article. All balances due to a licensee from any person as a borrower or as an endorser, guarantor or surety for any borrower or otherwise jointly or severally, shall be considered a part of any loan being made by a licensee to such person for the purpose of computing interest or charges, or exceeding the maximum amount of fifteen thousand dollars ($15,000). History (1961, c. 1053, s. 1; 1991 (Reg. Sess., 1992), c. 765, s. 2; 2015-179, s. 2.) Effect of Amendments. - Session Laws 2015-179, s. 2, effective September 1, 2015, in the first sentence, inserted "affiliate, parent, subsidiary, or licensee under the same ownership, management, or control, whether partial or complete" and added "or any other statute"; inserted "interest or" in the second sentence; in the third sentence, deleted "or due from any husband or wife" preceding "jointly" and added "or exceeding the maximum amount of fifteen thousand dollars ($15,000)"; and made related changes. Legal Periodicals. - For comment on usury law in North Carolina, see 47 N.C.L. Rev. 761 (1969).